How is custodial parent determined?

[ALang24]

What is the name of your state (only U.S. law)? Ohio (Richland County)

Hi. My husband and I are getting ready to separate. We have agreed to splitting our time with the kids equally. He will have them during the week while I am working and 1-2 overnights. I will have them in the weekday evenings (on the ones he isn't keeping them over night) and all weekend (b/c of his work schedule). The kids will be able to see both of us most days, which is what we were aiming for. When we go for the dissolution, with this parenting plan, will there be a custodial parent determined? If so, who? I am going to talk to him about it being me (I handle all the doctors appts, speech therapy etc for all 4 kids.....one of which has Tourette's and another has speech delays). If he doesn't agree, how does the court determine this?

My other question...if this doesn't stay this way and he decided to go after full custody, will the courts favor him because he is home all week? I do not think this will happen, but I'm trying to explore all options/scenarios. (Neither of us have criminal records, he's a great father to our kids so none of this would sway the courts either way).

Thanks! (I put my county because I read that the law can sometimes depend on the county)

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio (Richland County)

Hi. My husband and I are getting ready to separate. We have agreed to splitting our time with the kids equally. He will have them during the week while I am working and 1-2 overnights. I will have them in the weekday evenings (on the ones he isn't keeping them over night) and all weekend (b/c of his work schedule). The kids will be able to see both of us most days, which is what we were aiming for. When we go for the dissolution, with this parenting plan, will there be a custodial parent determined? If so, who? I am going to talk to him about it being me (I handle all the doctors appts, speech therapy etc for all 4 kids.....one of which has Tourette's and another has speech delays). If he doesn't agree, how does the court determine this?

My other question...if this doesn't stay this way and he decided to go after full custody, will the courts favor him because he is home all week? I do not think this will happen, but I'm trying to explore all options/scenarios. (Neither of us have criminal records, he's a great father to our kids so none of this would sway the courts either way).

Thanks! (I put my county because I read that the law can sometimes depend on the county)

It actually sounds like it would be a shared parenting situation and neither of you would have primary custody. However, you may not end up with every weekend in the long term. Unless dad has a job that is something you would expect him to do for the rest of his life, and to work that schedule for the rest of his life, eventually his work schedule will change and therefore he will want a schedule change.

 

[ALang24]

It actually sounds like it would be a shared parenting situation and neither of you would have primary custody. However, you may not end up with every weekend in the long term. Unless dad has a job that is something you would expect him to do for the rest of his life, and to work that schedule for the rest of his life, eventually his work schedule will change and therefore he will want a schedule change.

Thanks, I always thought there HAD to be a custodial parent determined. As for the work schedule, I definitely don't expect him to be on this shift forever, but he has been on it for 5 years and just passed up an opportunity for weekdays. I have no problem changing the parenting schedule in the future. Should there be some kind of "if this happens" in the dissolution papers in regards to work schedule changes?

 

[LdiJ]

Thanks, I always thought there HAD to be a custodial parent determined. As for the work schedule, I definitely don't expect him to be on this shift forever, but he has been on it for 5 years and just passed up an opportunity for weekdays. I have no problem changing the parenting schedule in the future. Should there be some kind of "if this happens" in the dissolution papers in regards to work schedule changes?

No, you will just have to go through the process again if and when that time comes.

 

[Ohiogal]

In whose school district are the children going to be going to school? That person would be residential parent for school purposes. But both of you can be residential and legal custodians of the children.